ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF JERSEYVILLE, an Illinois
    municipal corporation,
    Respondent.
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    PCB 08-28
    (Enforcement - Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On October 2, 2007, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against the City of Jerseyville, an Illinois
    municipal corporation (Jerseyville). The complaint concerns Jerseyville’s water main
    replacement project construction site, located at the corner of Union Forest Road and Pump
    Station Road, approximately three miles northwest of Otterville.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that Jerseyville violated Sections 12(a) and (f) of the
    Act (415 ILCS 5/12(a), (f) (2006)) and Sections 309.102(a), 309.103, and 309.243 of the Board’s
    water pollution regulations (35 Ill. Adm. Code 309.102(a), 309.103, 309.243) by causing or
    allowing the discharge of silt from the construction site into waters of the State so as to cause or
    tend to cause water pollution and by causing or allowing or threatening the discharge of
    contaminants into the waters of the State without a National Pollutant Discharge Elimination
    System (NPDES) permit. The Board accepts the complaint.
    See
    35 Ill. Adm. Code 103.204.
    On October 2, 2007, the People and Jerseyville also filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2006)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2006)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Jerseyville
    admits the alleged violations and agrees to pay a civil penalty of $1,080.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    2
    hearing.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on October 18, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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